(a) The Township may appoint the Southwest Delaware County Municipal Authority (SWDCMA) as its agent having the power of the Township to institute proceedings in the name of the Township against any and all persons, firms or corporations who violate the provisions of this chapter.
(b) In cases involving the prosecution of anyone who violates this chapter, the Solicitor of the Southwest Delaware County Municipal Authority (SWDCMA) shall subpoena all witnesses for the prosecution and conduct the hearing on behalf of the Township, if authorized and appointed to do so by the Township.
(Ord. 775. Passed 7-15-98.)
1045.32 INJUNCTIVE OR OTHER EQUITABLE RELIEF.
Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits and orders issued hereunder, or any other pretreatment requirement, the POTW may petition the Court of Common Pleas through the POTW’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the industrial user, Such other action as appropriate for legal anti/or equitable relief may also be sought by the POTW. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. (Ord. 775. Passed 7-15-98.)
1045.33 REMEDIES NON-EXCLUSiVE.
The provisions of Sections 1045.16 to 1045.28, 1045.31, 1045.32 and
Section 1045.99 are not exclusive remedies. The POTW reserves the right to take
any, all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance with the
POTW enforcement response plan. However, the POTW reserves the right to take
other action against any user when the circumstances warrant. Further, the POTW
is empowered to take more than one enforcement action against any noncompliant
user. These actions may be taken concurrently. (Ord. 775. Passed 7-15-98.)
If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 775. Passed 7-15-98.)
(a) Specific Pollutant Limitation Violations. Whoever violates Section 1045.09(d) shall be subject to a minimum daily fine of one thousand dollars ($1,000) and a maximum daily fine of twenty-five thousand dollars ($25,000).
(b) Administrative Fines.
(1) Notwithstanding any other provision of this chapter, and notwithstanding the penalties provided in subsections (a), (c) and (d) hereof, any user who is found to have violated any provision of this chapter, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement shall be fined not less than one thousand dollars ($1,000), and not more than twenty-five thousand dollars ($25,000), or the maximum fine allowed under State law, whichever is higher. Such fines shall be assessed on a per-violation, per day basis.
(2) Assessments may be added to the user’s next scheduled sewer service charge and the Enforcing Officer shall have such other collection remedies as may be available for other service charges and fees.
(3) Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one-half percent per month. A lien against the individual user’s property will be sought for unpaid charges, fines, and penalties.
(4) Users desiring to dispute such fines must file a written request for the Enforcing Officer to reconsider the fine, along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the Enforcing Officer shall convene a hearing on the matter within fourteen days of receiving the request from the industrial user. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user. The POTW may add the costs of preparing administrative enforcement actions, such as notices and orders to the fine.
(5) The issuance of an administrative fine shall not be a prerequisite for taking any other action against the user.
(c) Civil Penalties.
(1) Any user who has violated or continues to violate this chapter, any order or wastewater discharge permit issued hereunder, or any other pretreatment standard or requirement, shall be liable to the POTW for a minimum civil penalty in the amount of one thousand dollars ($1,000) up to the maximum amount of twenty-five thousand dollars ($25,000), or the maximum allowed under State law, whichever is higher. The penalty may be imposed on a per-violation, per-day basis. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The POTW may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the POTW.
(3) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor, as justice requires.
(4) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(d) Criminal Penalties.
(1) Any user who willfully or negligently violates any provision of this chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, and shall be fined not more than twenty-five thousand dollars ($25,000) or the maximum fine allowed under State law, whichever is higher, or imprisoned for not more than one year. The penalty may be imposed for each day of violation.
(2) Any user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and shall be fined not less than twenty-five thousand dollars ($25,000), or the maximum fine allowed under State law, and/or be subject to imprisonment for one year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State or Federal law.
(3) Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be fined not more than one year or both.
(4) In the event of a second conviction, a user shall be fined not more than twenty-five thousand dollars ($25,000) per violation, per day, or imprisoned for not more than one year, or both.
(Ord. 775. Passed 7-15-98.)
1998 Replacement